Bowen v. Kemp’s Empirical Analysis
769 F.2d 672 · 1985
Citation profile
26 federal appellate · 5 state decisions
How this case has been cited
Cited by 37 later decisions — most recently January 2013 · most notably Cargill v. Turpin (1997), 533 So. 2d 418 - Woodward v. State (1988)
26 federal appellate · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Chapman v. State of California · Bonner v. City of Prichard · United States v. Young · Donnelly v. DeChristoforo
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he defendant must show (1) that the group alleged to be exluded is a “distinctive” group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group and the jury-selection process.”
2 later decisions quote this exact passage · from the dissent“I charge you that the acts of a person of sound mind and discretion are presumed to be the product of a person's will. But, this presumption may be rebutted....”
2 later decisions quote this exact passage · from the majoritye.g. Godfrey v. Kemp · Bowen v. Kemp““The first step is to establish that the group is one that is a recognizable, distinct class____ Next, the degree of underrepresentation must be proved, by comparing the proportion of the group in the total population to the proportion called to serve as ... jurors, over a significant period of time____ Finally, ... a selection procedure that is susceptible of abuse or is not racially neutral supports the presumption of discrimination raised by the statistical showing.””
1 later decision quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.